Tesla vandal: Anoka Co. attorney says he would prosecute

MINNEAPOLIS (FOX 9) - After the Hennepin County Attorney's Office decided against filing criminal charges in the vandalism of six Teslas in Minneapolis, which police say caused $20,000 in damage, the Anoka County Attorney said the vandal "would likely become a felon" if the crime had occurred in his county.

Anoka County responds to decision

What they're saying:

Responding to FOX 9's story on the decision by the Hennepin County Attorney's Office, Anoka County Attorney Brad Johnson said his office would have brought criminal charges against the suspect.

"Just so that no one gets any silly ideas in the North Metro from this story," Johnson wrote in a Facebook post. "Offenders who commit a crime spree causing tens of thousands in damages to multiple victims will not be approved for pre-charge diversion in Anoka County. This is especially true if the lawlessness is politically motivated."

Dig deeper:

Johnson said a pre-charge diversion – which is what the Hennepin County Attorney's Office opted to use – has its place. But, he doesn't feel it fits this case.

"Pre-charge diversion can be a very useful tool to deal with people - especially those that are immediately remorseful - who make a stupid mistake or commit isolated crimes when under some type of distress," he explained. "That was not this. It makes it worse that the offender is a State employee in a position of public trust. He would likely become a felon in Anoka County."

Johnson warns his office wouldn't approach a case like this in the same way.

"If anyone gets the urge to damage cars or other property as a political statement ... please think again ... the First Amendment is not a defense to criminal misconduct. And we have enough on our hands right now," he added. "Remember. Treat your neighbors like you would like to be treated."

Surveillance video captures a vandal keying a Tesla in downtown Minneapolis.

Hennepin County Attorney's Office decision on Tesla vandal

The backstory:

Last week, Minneapolis police arrested a man they said was responsible for a string of vandalism to Teslas, causing $20,000 in damage. Officers showed videos showing the man, identified by authorities as 33-year-old Dylan Adams, keying cars while walking his dog.

FOX 9 learned Adams is a state worker and currently is a financial policy compliance lead for the Department of Human Services. The department said they were aware of Adams' arrest, and they were "reviewing the matter" – adding that state employees are expected to abide by a code of conduct.

Big picture view:

Across the country, Tesla vandalism has become more common, linked to Tesla Elon Musk's increasing right-wing political advocacy and his role in the Trump administration's Department of Governmental Efficiency.

What we know:

On Monday, the Hennepin County Attorney's Office said it would seek diversion for the accused vandal versus criminal charges. Prosecutors did warn that criminal charges were still on the table if there was further vandalism.

The statement from Hennepin County Attorney Mary Moriarty's spokesperson said prosecutors wanted to prioritize getting restitution for the victims.

"Our main priorities are to secure restitution for the victims and hold Mr. Adams accountable. As a result, we will file for pre-charge diversion to best facilitate both of those goals," spokesperson Daniel Borgertpoepping said. "This is an approach taken in many property crime cases and helps to ensure the individual keeps their job and can pay restitution, as well as reducing the likelihood of repeat offenses. Criminal prosecution remains a possibility should unlawful behavior continue."

Minneapolis PD blasts decision

Reaction:

Minneapolis Police Chief Brian O'Hara, who has had past spats with the county attorney, blasted the prosecutor's decision.

In a statement shared via a spokesperson, O'Hara wrote: "The Minneapolis Police Department did its job. It identified and investigated a crime trend, identified, and arrested a suspect, and presented a case file to the Hennepin County Attorney Office for consideration of charges. This case impacted at least six different victims and totaled over $20,000 in damages. Any frustration related to the charging decision of the Hennepin County Attorney should be directed solely at her office. Our investigators are always frustrated when the cases they poured their hearts into are declined. In my experience, the victims in these cases often feel the same."

The other side:

In a separate statement, Adam's attorney said his client was working to reimburse the victims.

"My client is very remorseful for his actions and is beginning the process of making sure the victims are made whole financially. We are grateful for the Hennepin County Attorney’s Office exercise of prosecutorial discretion, and apologize to the victims and law enforcement."